OBANDE F. OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal grew out from the decision of the High Court of Kwara State, Ilorin, presided over by H. O. Ajayi, J., in suit No. KWS/91/2009 and delivered on 27/10/2010.
Flowing from the available record and processes filed,the facts of the case,which metamorphosed into this appeal, are brief. The appellants and the respondents were the respective claimants and defendants before the lower court. On 14/05/2009, the appellants took out and filed a writ of summons, alongside a statement of claim, wherein they claimed, against the respondents, a declaration of title to and ownership of a parcel of land situated at Tanke Village, Ilorin, Kwara State, trespass on the land, damages and perpetual injunction over the said land. The writ of summons and statement of claim, initiating the action, were both franked by David Alabi, Esq. of No.10,Christ Avenue,off University Road,Tanke, Ilorin.
Subsequently, the appellants debriefed David A…